As we reported January 24, 2014, the Supreme Court of Canada dismissed the application for leave to appeal the decision of the BC Court of Appeal in Murray. It’s been interesting to see how things are playing out. The Murray fallout is significant, which tells us a little about why the BC Government was willing to spend big money (taxpayers’ money) to appeal the case to the Supreme Court of Canada. If you received an IRP at any point after June 15, 2012, you should check your IRP disclosure. You may be the lucky beneficiary of our work in the Murray case.
Murray dealt with a legislative change concerning IRP Immediate Roadside Prohibitions. That version of the law came into effect on June 15, 2012. If you received an IRP DUI at any point after that, and the “Report to Superintendent” wasn’t sworn or had a defective jurat, Mr. Murray’s decision may be the gift that gets your IRP lifted.
Check your IRP disclosure
If you have a copy of the disclosure documents for your IRP, take a look at the one-page document that says on top Report to Superintendent. Then go to the bottom of that page. On the right you will see a space for the investigating officer to sign, acknowledging that they swear or affirm the contents of the document. On the left you will see a space for a commissioner for oath to take the oath or affirmation of the officer. Does anything look strange about it? Are signatures missing? What about the dates and other information? Does it look questionable to you?
This section of the document is called the jurat. Filling out that portion is akin to a sacred ritual. If this part of the document is defective as it was in the Murray decision, then there is a very good chance that we can get your IRP lifted.
Do you need us to check your IRP disclosure?
If you need an IRP lawyer to check your disclosure, we’re happy to review your disclosure for you. Just give us a call. If you have the disclosure and you think the jurat might be defective, we’ll let you know what we think. If you need us to get the disclosure, we can do that for you.
We just received the following email from someone who was freed of their IRP due to our work in the Murray case. We helped him, and it would be our pleasure to help you too.
I can’t attribute this victory to anybody but you or Kyla, and I wish to pass along my thanks to you and her if possible for helping me maintain my innocence in a matter where I believe I rightfully deserve it. This saved my employment, reputation, friendships and dignity and I am very grateful for this.
What about ADPs?
We think the Murray decision may also apply to Administrative Driving Prohibitions going back to the summer of 2010. We’re thinking about this issue and looking for the right case to appeal. If you received an ADP and you think the jurat was defective, call us.
Our IRP legal team is working every day to defend this particular type of DUI for drivers from every corner of BC. We have lawyers in two locations dealing with IRP and ADP driving prohibitions, driving offences and criminal law cases. We defend our client’s matters with intelligence, zeal and passion.